A denial is not always the end. If your immigration case was decided incorrectly, there may still be a path forward.
Receiving a denial in an immigration case can be devastating, especially when you know the decision was wrong, or when something has changed that could affect the outcome. The immigration system is complex and errors happen. Judges make mistakes. New evidence comes to light. The law changes. When these things occur, there are legal tools that may give your case another chance.
Board of Immigration Appeals (BIA) Appeals
If an immigration judge denied your case, you may have the right to appeal that decision to the Board of Immigration Appeals. A BIA appeal asks a higher authority to review whether the judge’s decision was legally correct. This is not a new hearing. It is a written legal argument, which means the quality of the brief matters enormously. At Cruz Torres Legal Services, every appeal is researched and written personally, with careful attention to the facts of the case and the legal issues at stake.
Motions to Reopen
A motion to reopen asks the immigration court or the BIA to reopen a closed case. It can be based on new evidence, changed circumstances, or legal errors that affected the outcome of the original case. In general, motions to reopen have strict deadlines, but depending on why you are seeking to reopen the case and how the original order was issued, it may still be possible to file even after time has passed. Every situation is different and there is no single rule that applies to all cases.
One important thing to know: some motions to reopen automatically put a pause on any removal order while the motion is being considered, meaning the government cannot carry out the deportation while the case is pending. Others do not carry this automatic protection and may require a separate request. Understanding which situation applies to you is one of the first things reviewed in any consultation.
Motions to reopen may be an option for people who were ordered removed but whose situation has changed, who have new evidence that was not available at the time of their hearing, or whose original case was handled incorrectly by a prior attorney.
Every case is reviewed personally.
Before taking on any appeal or motion to reopen, an honest assessment of the available information is provided based on what is known about the case. A realistic picture from the start is more valuable than false hope.